Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014
No. 116, 2014
Compilation No. 2
Compilation date: 12 November 2015
Includes amendments up to: Act No. 145, 2015
Registered: 23 November 2015
This compilation includes a retrospective amendment made by Act No. 145, 2015
About this compilation
This compilation
This is a compilation of the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 that shows the text of the law as amended and in force on 12 November 2015 (the compilation date).
This compilation was prepared on 16 November 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Main counter‑terrorism amendments
Part 1—Amendments
Administrative Decisions (Judicial Review) Act 1977
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
AusCheck Act 2007
Australian Passports Act 2005
Australian Security Intelligence Organisation Act 1979
Crimes Act 1914
Criminal Code Act 1995
Customs Act 1901
Foreign Evidence Act 1994
Foreign Passports (Law Enforcement and Security) Act 2005
Independent National Security Legislation Monitor Act 2010
Intelligence Services Act 2001
National Health Security Act 2007
Parliamentary Joint Committee on Law Enforcement Act 2010
Proceeds of Crime Act 2002
Sea Installations Act 1987
Telecommunications (Interception and Access) Act 1979
Terrorism Insurance Act 2003
Part 2—Repeals
Crimes (Foreign Incursions and Recruitment) Act 1978
Schedule 2—Stopping welfare payments
Part 1—Main amendments
A New Tax System (Family Assistance) Act 1999
Paid Parental Leave Act 2010
Social Security Act 1991
Social Security (Administration) Act 1999
Part 3—Application provisions
Schedule 3—Customs’ detention powers
Customs Act 1901
Schedule 4—Cancelling visas on security grounds
Part 1—Amendment of the Migration Act 1958
Division 1—Amendments
Division 2—Application of amendments made by Part 1
Part 2—Amendment of the Australian Security Intelligence Organisation Act 1979
Overview
The Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 was enacted by the Parliament of Australia to address the growing concern of Australian citizens travelling overseas to engage in terrorist activities or return to Australia with terrorist experience. The Act introduces a range of amendments to existing counter-terrorism legislation, as well as creating new provisions to strengthen the ability of law enforcement and intelligence agencies to prevent and investigate such activities. Key amendments include provisions for the suspension and cancellation of Australian passports and travel documents, the introduction of delayed notification search warrants, and new offences related to advocating terrorism, foreign incursions, and recruitment. The Act also seeks to restrict welfare payments to individuals who may pose a security risk to Australia or a foreign country. The overarching policy objective of the Act is to enhance the capability of the Australian government to counter terrorism and protect national security.
Scope and Application
The Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 applies to various Commonwealth statutes and amends them to strengthen Australia's counter-terrorism measures. It also repeals the Crimes (Foreign Incursions and Recruitment) Act 1978. The Act applies to both persons and entities, particularly those involved in counter-terrorism efforts, immigration, and social security. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. The Act does not specify any exclusions or exemptions, and its application is not restricted through subordinate instruments. The provisions of the Act generally apply to decisions, conduct, and transactions occurring after the relevant commencement dates, with specific provisions addressing both past and future actions. Key amendments include updates to the definition of terrorism offences, provisions for the suspension of Australian travel documents, the introduction of delayed notification search warrants, and the cessation of family assistance, parental leave pay, and social security payments for individuals deemed a security risk.
Key Provisions
- The Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 primarily amends various pieces of Australian legislation to strengthen counter-terrorism measures, including provisions relating to travel document suspensions, delayed notification search warrants, foreign incursions, and welfare payments for individuals assessed as a security risk. The Act allows the Director-General of Security to request the Minister to suspend all Australian travel documents issued to a person for 14 days if there is a suspicion that the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country. Additionally, it introduces provisions for delayed notification search warrants, which authorise the entry and search of premises without the knowledge of the occupier to prevent or investigate terrorism offences. The Act also makes amendments to the definition of terrorism offences and related provisions in various Acts, including the Crimes Act 1914, the Criminal Code Act 1995, and the Australian Passports Act 2005.
- Obligations imposed by the Act include the requirement for eligible officers to provide detailed information when applying for a delayed notification search warrant, and the duty of executing officers to prepare and give notices to warrant premises occupiers after executing a search warrant. The Act also mandates annual reporting by the chief officer of an eligible agency to the Minister and the Ombudsman, and requires the Ombudsman to inspect the records of each eligible agency at least once every six months to determine compliance with the Act.
- The Act imposes several civil and criminal penalties for breaches. Failure to surrender a suspended Australian travel document to an officer upon demand is a criminal offence punishable by imprisonment for six months or 10 penalty units, or both. Engaging in conduct that results in the inability to produce a record or thing requested under a warrant is a criminal offence punishable by imprisonment for five years. Refusing or failing to provide information or attend before an inspecting officer as required under the Act is a criminal offence punishable by imprisonment for six months. Advocating the commission of a terrorism offence is a criminal offence punishable by imprisonment for five years. Unauthorised disclosure of information relating to a search warrant or its execution is a criminal offence punishable by imprisonment for two years. The Act also provides for the forfeiture of documents and compensation for damage to electronic equipment under certain conditions.
- The Act includes a range of offences with corresponding penalties. For instance, entering or remaining in a declared area in a foreign country with the intention of engaging in hostile activities is an offence punishable by imprisonment for 10 years. Engaging in conduct preparatory to the commission of such an offence, accumulating weapons with the intention of committing such an offence, and facilitating the recruitment of persons to serve in an armed force in a foreign country are all offences punishable by imprisonment for life. These offences carry an absolute liability element, meaning that intent or knowledge is not required for conviction. Furthermore, the Act introduces provisions for the cancellation of visas on security grounds, with specific rules for the revocation of such cancellations.
- Area of Law
- National Security Law
- Criminal Law
- Immigration & Refugee Law
- Counter-Terrorism Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Civil Penalty Provisions
- Prohibited Conduct
- Delegated & Subordinate Legislation
- Enforcement Powers
- Reporting & Disclosure Obligations
- Repeal & Amendment